(1) Subject to the provisions of article 691A, a registered trade mark may be taken off the register in respect of any of the goods or services in respect of which it is registered on application by any person aggrieved to the Court, on the ground either—
(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him or her, and that there has in fact been no bona fide use of the trade mark in relation to those goods or services by any proprietor for the time being up to the date one month before the date of the application; or
(b) that up to the date one month before the date of the application a continuous period of 5 years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use in relation to those goods or services by any proprietor for the time being:
Provided that (except where the applicant has been permitted under article 685 of this Code to register an identical or nearly resembling trade mark in respect of the goods or services in question or where the Court is of opinion that he or she might properly be permitted so to register such a trade mark) the Court may refuse an application made under subparagraph (a) or (b) of this paragraph in relation to any goods, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor for the time being in relation to goods or services of the same description, being goods or services in respect of which the trade mark is registered.
(2) Where in relation to any goods or services in respect of which a trade mark is registered—
(a) the matters referred to in subparagraph (b) of the foregoing paragraph are shown so far as regards non-use of the trade mark in relation to goods or services to be sold, or otherwise traded in, in a particular place in Saint Lucia (otherwise than for export from Saint Lucia), or in relation to goods or services to be exported to a particular market outside Saint Lucia; and
(b) a person has been permitted under article 685 of this Code to register an identical or nearly resembling trade mark in respect of those goods or services under a registration extending to use in relation to goods or services to be sold, or otherwise traded in, in that place (otherwise than for export from Saint Lucia), or in relation to goods or services to be exported to that market, or the Court is of opinion that he or she might properly be permitted so to register such a trade mark;
on application by that person the Court may impose on the registration of the first-mentioned trade mark such limitations as the Court thinks proper for securing that that registration shall cease to extend to such use as last aforesaid.
(3) An applicant shall not be entitled to rely for the purposes of subparagraph (b) of paragraph (1), or for the purposes of paragraph (2), of this article on any non-use of a trade mark that is shown to have been due to special circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods or services to which the application relates.
(Amended by Act 14 of 1989)